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01/28/1991 - 00005817�___J � � V J fi L THE MINIITES OF THE REGULAR MEETING OF TH8 FRIDLEY CITY COUNCIL OF JANUARY 28, 1991 The Regular Meeting of the Fridley City Council was called to order at 7:3o p.m. by Mayor Pro Tem Schneider. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Schneider led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Pro Tem Schneider, Councilwoman Jorgenson, Councilman Fitzpatrick and Counoilman Billings MEMBERS AB5ENT: Mayor Nee APPROVAL OF MINUTES: COUNCIL MEETING, JANUARY 7, 1991: Councilwoman Jorgenson stated that she wished to clarify the minutes regarding Item 8 and the motion to table this item. She stated that she understood the item was tabled until information could be brought back to the Council from the Housing and Redevelopment Authority. She requested, therefore, that the following words be added on Page 9, second paragraph, after the word "item": "until it is reviewed by the Housing and Redevelopment Authority." MOTION by Councilman Fitzpatrick to approve the minutes with the above correction. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Billings to adopt the agenda as submitted. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. INTRODUCTION OF NEW FIRE CHIEF-ELECT. CHARLES McKUSICK: Mr. Burns, City Manager, introduced the new Fire Chief-elect, Charles McKusick. He stated that Mr. McKusick has been a member of the Fridley Fire Department for twenty years, with ten years as Assistant Chief and five years as Captain. He stated that Mr. McKUSick is an instructor at the Minnesota Technical College and a Trustee and President of the Fridley Volunteer Firefighters Relief Association. �3� FRIDLEY CITY COIINCIL MEETING OF JANUARY 28. 1991 PAGE 2 � Mr. Burns stated that Mr. McKu5ick received his Bachelor of Arts degree from the University of Minnesota and his Juris Doctorate from William Mitchell College of Law. He stated that Mr. McKusick has written a number of articles which were published in various magazines and holds licenses and certifications in the areas of firefighting, hazardous materials instructor, emergency medical technician, and CPR instructor. Mr. Burns stated that Mr. McKUSick is marzied. He and his wife, Dianne, have two children, Kari who is a freshman at St. Olaf Colleqe and Corey w�o is a freshman at Spring Lake Park High School. He stated that the City is very fortunate in having such an outstanding person replace another man of outstanding caliber, Bob Aldrich. Mr. McKusick stated that he appreciated this appointment and that it is fun starting a second career in the area he enjoys. He stated that he thinks Fridley has an outstanding Fire Department and that Bob Aldrich has done a marvelous job in developing the personnel in the department. OPEN FORUM. VISITORS: Councilman Billings stated that there was a recent article in the � Star Tribune on the page opposite the editorial page regarding light rail transit and automobiles. He stated that the tone of the article was contrary to the Star Tribune's position that we should be adding additional lanes of roadway to move people. Councilman Billings stated the most important part of the article was that in California, because of the pollution, they are not allowing drive-thrus at places like banks and fast food restaurants. He requested that staff review this article to follow up regarding the issues and bring information back to the Council at a future meeting. He felt that some positive steps should be taken in this direction before pollution gets out of hand. STATE LEGISLATIVE UPDATE - SENATOR DON FRANK: Mayor Pro Tem Sohneider stated that Senator Frank will be at the meeting between 7:30 and 8:00 p.m. to address the Council. He stated that when Senator Frank arrives, the Council will hear his presentation before proceeding with the balance of the agenda items. OLD BLTSINESS : 1. APPOINTMENT TO THE APPEALS COMMISSION: � MOTION by Councilman Fitzpatrick to nominate Carol Beaulieu for appointment to the Appeals Commission to the term expiring April 1, 1991. Seconded by Councilwoman Jorgenson. �"" �� FRIDLEY CITY COUNGIL MEETING OF JANIIARY 28. 1991 PAGE 3 � There being no further nominations, the nominations were closed by Mayor Pro Tem Schneider, and a unanimous ballot was cast for the appointment of Carol Beaulieu to the Appeals Commission. NEW BUSINESS• 2. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JANUARY 9, 1991• A. ESTABLISH A PUBLIC HEARING FOR FEBRUARY 11. 1991 ON AN ORDINANCE REGULATING TO SEXUALLY ORIENTED BUSINESSES: MOTION by Councilman Billings to set the public hearing on this ordinance for February 11, 1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. B. ESTABLISIi A PUBLIC HEARING FOR FEBRUARY 11. 1991 ON A ZONING ORDINANCE AMENDMENT TO PERMIT SEXUALLY ORIENTED BUSINESSES IN THE C-2. GENERAL BUSINESS. AND C-3, GENERAL SHOPPING CENTER DISTRICTS, AS A PERMITTED USE. AND AS A SPECIAL USE IN THE M-1. LIGHT INDUSTRIAL. AND M-2, HEAVY INDUSTRIAL DISTRICTS: MOTION by Councilman Fitzpatrick to set the public hearing on this � ordinance amendment for February 11, 1991. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. C. ESTABLISH A PUBLIC HEARING FOR FEBRUARY 11. 1991 ON A REZONING REOUEST, ZOA #90-06. BY CRYSTEEL TRUCK EQUIPMENT, TO REZONE PROPERTY FROM M-1, LIGHT INDUSTRIAL. TO C-2, GENERAL BUSINE5S, GENERALLY LOCATED AT 1130 - 73RD AVENUE N.E.: MOTION by Councilwoman Jorgenson to set the public hearing on this rezoning request for February il, 1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission Meeting of January 9, 1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. � �i3�'s FRIDLEY CITY COIINCIL MEETIN(i OF JANQARY 28. 1991 PAGE 4 � 3. RECEIVE AN ITEM FROM THE APPEAIS COMMISSION MEETING OF JANUARY 8, 1991: A. VARIANCE REQUEST. VAR #90-33. SY INSURANCE MART/TWO P.C. PARTNERSHIP. TO ALIAW A FREE-STANDING SIGN OF 48 SQUARE FEET IN AN R-3. GENERAL MULTIPLE FAMILY ZONING DISTRICT; TO ALLOW WALL SIGNS USING THE FORMULA FIFTEEN TIMES THE SQUARE ROOT OF THE WALL LENGTH: TO CONSTRUCT A FREE-STANDING SIGN 7 FEET IN HEIGHT: TO REDUCE THE SETBACK (FROM THE PROPERTY LINE1 OF A FREE-5TANDING SIGN FROM 10 FEET TO 4.9 FEET: TO ALIAW THE CONSTRUCTION OF A FREE-STANDING SIGN AND WALL SIGNAGE AT 6875 HIGHWAY 65 N.E.• Ms. Dacy, Community Development Director, stated that this property is located adjacent to Highway 65 and south of 68th Avenue. She stated that the property is zoned R-3 as are parcels to the north and south, and the property to the east is zoned R-1. She stated that when this building was constructed in 1960, office uses were permitted in an R-3 zoning district. Ms. Dacy stated that the ordinance has been amended to eliminate office uses as a permitted use in a multiple family district so this building has become a non-conforming use. She stated that the Sign Ordinance only permits wall signs to a maximum of three feet and does not address the non-conforming use. � Ms. Dacy stated that there are four parts to this variance request which she outlined as follows: (1) to allow a free-standing sign of 48 square feet in an R-3 zoning district; (2) �o allow wall signs using the formula fifteen times the square root of the wall length in an R-3 zoninq district; (3) to increase the height of a free-standing sign from 6 feet to 7 feet; and (4) to reduce the setback from the property line of a free-standing sign from lo feet to 4.9 feet. Ms. Dacy stated that the Appeals Commission recommended approval of all the variance requests. She stated that on the variance regarding the wall signs, the Commission stipulated that they shall be located on the south side of the building only and shall not be illuminated. She stated that staff had recommended denial of the variance to increase the height of a free-standing sign from 6 feet to 7 feet, but the Appeals Commission recommended approval on a 2 to 1 vote. She stated that the petitioner requested a reduction in the setback from the property line to avoid trees blocking the sign. Mr. Denny Phenow, one of the owners of Two P.C. Partnership, was present to answer any questions from the Council. Mayor Pro Tem Schneider asked if the sign was illuminated and if � Mr. Phenow understood the stipulation regarding the wall sign. Mr. Phenow answered both questions in the affirmative. � 'u��J FRIDLEY CITY COONCIL MFSTIN(i OF JANQARY 28. 1991 FAGE 5 � MOTION by Councilwoman Jorgenson to concur with the recommendation of the Appeals Commission and grant Variance Request, VAR #90-33, to (1) allow a free-standing sign of 48 square feet in an R-3 zoning district; (2) allow wall signs using the formula fifteen times the square root of the wall length in an R-3 zoning district (the wall signs shall be located on the south side of the building only and shall not be illuminated); (3) increase the height of a free-standing sign from 6 feet to 7 feet; and (4) reduce the setback from the property line of a free-standing sign from 10 feet to 4.9 feet. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 4. APPROVAL OF PURCHASE AGREEMENT FOR PROPERTY LOCATED AT 7899 BROAD AVENUE N.E. (RIVERVIEW HEIGHTSI: Ms. Dacy, Community Development Director, stated that this property is located on the southeast corner of 79th Way and Broad Avenue and is owned by Margaret Iverson. She stated that Mrs. Iverson is agreeable to the terms of the purchase agreement and requested the Council's approval of this agreement. Ms. Dacy stated in regard to the Morin home, which the City acquired last summer, it would cost too much to upgrade the home � and have it moved to another site. She stated that therefore, the Fire Department will be using it as a training site. She felt that, however, the Iverson home was a better structure and could be relocated. MOTION by Councilman Fitzpatrick to approve the purchase agreement for the Iverson property at 7899 Broad Avenue N. E. and authorize City officials to execute the document. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 5. RESOLUTION NO. 11-1991 APPROVING THE PURCHASE OF REAL ESTATE LOCATED AT 6132 CENTRAL AVENUE N.E.: Mr. Burns, City Manager, stated that it is proposed that the City purchase this property in order to expand Moore Lake Park. He stated that the parcel is located at 6132 Central Avenue and is owned by Garry Pierce of Bismarck, North Dakota. He stated that the property is 120 feet wide by 310 feet long, and the seller will be paying special assessments of $1,270 and taxes will be pro- rated. He stated that the cost to purchase the property is $38,000 and the City will receive possession at closing. Mr. Burns stated that General Capital Improvement Funds will be used for this purchase. He requested that the Council approve the � purchase of the property and authorize a check for $3,800 as earnest money. G 3 �t FRIDLEY CITY COUNCIL MEETINO OF JANIIARY 28. 1991 PAGE 6 � Mayor Pro Tem Schneider asked if the City Attorney has reviewed this purchase agreement. Mr. Burns stated that the City Attorney was the first person to review the agreement. Mayor Pro Tem Schneider stated that the City has no intention of acquiring parcels through eminent domain, but will acquire parcels if they become available. MOTION by Councilwoman Jorgenson to adopt Resolution No. 11-1991 and authorize a check for $3,800 as earnest money. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. STATE LEGISLATIVE UPDATE - SENATOR DON FRANK: Senator Frank apologized to the Council for being late to this meeting. He stated that he was at a meeting in Columbia Heights, and there were a number o£ questions raised so he was not able to keep on schedule. Senator Frank stated that one of his major assignments for the next two years is Chairman of the Metropolitan Affairs Committee. He stated that this Committee would involve such areas as the Metropolitan Airport Commission, the Sports Commission, the ' Metropolitan Council, parks, and sewers. He stated that one of the most important items before this Committee will be the favorite topic of this Council, fiscal disparities. Senator Frank stated that he read about the City's dilemma and felt the Council would like to do something with the formula that regulates the distribution of fiscal disparities. He stated that he has also read how the taxpayers benefit because of the value to the school district. Senator Frank stated that fiscal disparities is the number one priority of Hennepin County as they have been a loser in fiscal disparities. He stated that they propose to address the distribution of the tax base involving new industrial and commercial property. He stated that when there is new construction, the City where this oriqinates receives sixty percent of the improved tax based; however, forty percent of the new tax base is put in a metropolitan wide pool and redistributed. Senator Frank stated that the bill will come before his Committee, and he would like the Councilmembers to help him with his dilemma. Senator Frank stated he understands that Fridley is the only so- called loser, but the taxpayers are winners. He stated that at the moment he feels the bill will be introduced, and he will probably file it and lock the door. He stated that he probably would not be a strong supporter of adjusting fiscal disparities. � Sanator Frank stated that thie afternoon House File 47 was paesed which is similar to Senate File 62 relating to the sugqested budget � � i FRIDLEY CITY COUNCIL MEETING OF JANIIARY 28, 1991 PAGE 7 � adjustment balancing act that the Governor proposed the Legislature address. He stated that the Aouse amended the bill with technical changes having no fiscal consequences, a cut of $66,000 from the Governor's budget, and the other amendment concerned dislocated workers. Senator Frank stated that last year the Legislature elected to try and come up with a newly fortned dislocated workers' fund which was to be funded by employers in the State. He stated that if the fund had gone into effect by June of last year, it would have produced about $8 million by January of this year. He stated that the bill did not go into effect until January of this year, and the Legislature authorized borrowing about $3 million from the State Finance Department to train and re-train workers to get dislocated workers back in the work force. He stated that the $3 million would be repaid to the State Finance Department when the bill was in effeat. Senator Frank stated that the Governor has agreed to the $3 million repayment, but proposed to take $4.8 million to help balance the budget and this would devastate the new program. He stated that the House last week stated they would not agree to take $4.8 million, would give only $1.8 million, and insisted that $3 million be left in the dislocated workers fund. Senator Frank stated that the Senate discussed and voted on the � bill, and the Aouse version passed 36 to 31 this afternoon. He stated that they will have $3 million in the dislocated workers fund. He stated that he wanted to remind everyone that companies like Pillsbury were tremendous in helping re-train their employees and find new jobs. He stated that Pillsbury sent him a bi-weekly review regarding their dislocated workers. He stated that if all companies in the State were as concerned as Pillsbury about dislocated workers, there would be a question as to the need for a dislocated workers fund. He stated that there is a continued increase in layoffs of workers that should be in the labor force. He stated that he talked with FMC and was told that despite the continuation of the war, they anticipate additional layoffs. He stated that in the bill that was passed, there was a sunset that states the program will be out of existence as of June 30, 1992. Senator Frank stated that in regard to aid to local governments, he did not feel that based on what he sees and hears and the thought process of cut, cut, cut, that the Legislature will be able to provide local government aid anywhere near the quantity that has come forward in the past. He stated that the League of Minnesota Cities is lobbying to maintain a status quo, and he did not see that happening. He felt that looal governmental units would be hit very hard by the projected shortfall. Senator Frank stated that due to the shortfall, this means one of � two things cities must do--either increase property taxes or cut services. He stated that it is going to be very difficult for cities to offer reasonable services and still hold down the tax � ��� FRIDLEY CITY COUNCIL MEETING OF JANUARY 28. 1991 PAGE 8 structure. He stated that he is going to do whatever he can to hold the fiscal disparities percentage as it is now. Senator Frank stated that he hoped to be able to come back to the Council on a regular basis, at their invitation, to report progress or non-progress in relation to aid to local governments and try to address some of the mandates the Legislature imposes on local governments. He stated that it is his hope that as the shortfall is addressed, the Legislature also addresses the mandates. Councilwoman Jorgenson stated that one of the issues the Council is going to address this evening is the S.C.O.R.E. funding. She stated that the mandate for the solid waste abatement is pretty hefty, and the City has put into effect a$10 per year fee to help cover these costs. She stated that she felt the City has done their part and was concerned with any loss of this funding. Senator Frank stated that he is convinced there will be very Eew folks who will not incur the pain of this budget shortfall which includes S.C.O.R.E. funding. He stated that recycling is mandatory and essential; however, it is expensive. He stated that the cities take it on the chin whenever there is a State shortfall. Senator Frank stated that he served on the City Council in Spring ' Lake Park for nine years and saw a gradual reduction in the willingness of the State to support essential services on the local level. Councilwoman Jorgenson stated that Fridley is a Charter city and as such does have a levy limit. She asked if the Legislature was giving any consideration of this situation. � Senator Frank stated that the Legislature has not addressed levy limitations that are incorporated into local charters, but there is a change in the levy limitations for local units of government for taxes oollected in 1992 and 1993. Mr. Burns, City Manager, stated that one of the major needs for the City of Fridley is for housing and redevelopment. He stated that he has heard the Legislature might relax tax increment financing regarding housing redevelopment and asked if that is likely to happen. Senator Frank stated that last year some type of exclusion was incorporated into the tax increment financing bill regarding housing. He stated that if Fridley finds it too restrictive, he would be happy to address the issue, and he requested information be submitted for a possible revision in the statute. Councilman Billings stated that he has been amazed by the attitude of the House and Senate in general, and it is as though the cities and counties are the enemy. He stated that whenever the �33 FRIDL$Y CITY COUNCIL ME$TINQ OF JANQARY 28, 1991 PAGE 9 � Legislature addresses spending, it seems as if the cities and counties are the had guys and the State is the good guy. He stated that there are a number of items that are confusing, such as the mandates where the State states something has to be done by the local government, but when the local governments need money to carry out the mandates, they are accused of overspending. Councilman Billings stated that he is glad the Legislature is proposing to lift the levy limits. He stated that as it is now, if a City does not budget to the full extent of the levy limits, because they are trying to practice some fiscal responsibility, the City is penalized because each year the levy limit is based on the previous year. He stated that ff spending is reduced, the City is never able to go back and recapture the money that was not spent if, in fact, it was budgeted. He stated that on one hand the Legislature is saying not to overspend, but on the other hand, to spend all you are allowed. He stated that he is confused by that philosophy. Senator Frank stated that some of the memhers of the Legislature have been recipients of the wrath of certain councilmembers throughout the State. He stated that, for example, he knows four persons who have been opposed in the last election by members of their city councils. He stated that when that happens, persons in � the Legislature are not too sympathetic and do not have an open ear to those who hit them in the election. He stated that he knows from personal experience and also knows that many of his colleagues have had the same experience. Senator Frank stated that there is no magic button to push to solve this shortfall; either cut services, raise taxes, or a combination of both. He stated that it is trying to decide what services this State deems necessary and, historically, education has been at the top of the list. He stated that cities and counties have not been favored at that elevated position. He stated that it is essential and absolutely necessary to raise money for education. Councilwoman Jorgenson stated that a very large portion of the City's budget goes for salaries for police, fire, and public works. She stated that while the education of the youth is important, so is the public safety of the community at large. She stated that without the police, fire, and snowplows, the children are not going to get to school. Senator Frank stated that he did not mean to give the impression that these services were not important, but in the eyes of the paying public, the educational system has the number one priority. He stated that this should not preclude other essential services, but it is a balancing act. � Mayor Pro Tem Schneider stated that he appreciated Senator Frank's honesty. He stated that putting petty politics aside, we are talking ahout the same constituency, and the tax dollars come from ld r 4� FRIDLEY CITY COUNCIL MEETINQ OF JANUAR% 28. 1441 PAGE 10 � the same pocket. He stated that at times of a crisis where there is a budget shortfall, all levels of government need to work together to get the most from the taxes paid by the taxpayer. Senator Frank stated that compounding the problem is the request to cut welfare. He stated that two-thirds of the welfare budget in this State is for the handicapped, mentally retarded, and old folks in nursing homes. He stated that he has yet to have anyone come to him saying they are willing to decrease this area. He stated that with the priority for education and this portion of the welfare services, it does not leave much to cut. Councilman Fitzpatrick asked what has become of the Minnesota miracle where high income taxes were to relieve local property taxes. Senator Frank stated that since he has been in office, there has been a valid attempt to resurrect the Minnesota miracle. He stated that with the most recent election, the voters, in his view, have stated they want a change in reference to the Minnesota miracle. He stated that when it is stated that taxes and the budget have to be cut, this plays a very serious role in an attempt to resurrect the Minnesota miracle to the point where it was in the early 70's. � Mr. Herrick, City Attorney, stated he would agree that education has a high priority with most people. He stated one thing he would suggest is that in the field of education, the re-education of adults and re-training of people that are on welfare should also receive a high priority and be as equally important as the education of grade school and high school children. He stated that he felt this would reduce the welfare rolls. Senator Frank stated that he feels this re-training and adult education is vital, but it is difficult to come up with a solution, and it has to be considered in the scheme of the total budget. He stated that the differences of the rural communities versus the metropolitan communities exist and cited instances where the Legislators differ on how this budget problem should be solved. Councilwoman Jorgenson asked Senator Frank if he anticipated that rainy day funds would be used to balance the budget. Senator Frank stated that he did not anticipate this would happen for this biennium which ends June 30. Mr. Burns stated that most of the information received from the State pertains to cuts, and he asked if there was any thought being qiven to the revenue side. � Senator Frank stated that Governor Carlson was elected to accomplish balancing the budget with little or any increase in � � � r ,� , ��Y FRIDLEY CITY COIINCIL ME&TINCi OF JANQARY 28, 1941 PAGE il State taxes. He stated that he did not anticipate any increase in taxes. Mayor Pro Tem Schneider thanked Senator Frank for his update and stated he was always welcome to address the Council. 6. MOTION TO APPROVE THE ADVERTISEMENT FOR BIDS FOR ONE SKID- STEER IAADER AND COLD PLANER IDENTIFIED IN THE 1991 PUBLIC WORKS MAINTENANCE CAPITAL OUTLAY BUDGET: MOTION by Councilman Fitzpatrick to approve the advertisement for bids for one skid-steer loader and cold planer. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 7. MOTION TO APPROVE THE ADVERTISEMENT FOR BIDS FOR THE TREE REMOVAL CONTRACT IDENTIFIED IN THE 1991 PUBLIC WORKS MAINTENANCE BUDGET: MOTION by Councilwoman Jorgenson to approve the advertisement for bids for the tree removal contract. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 8. RECEIVE BIDS AND AWARD CONTRACT FOR WELL NO. 12 BOOSTER STATION PROJECT NO. 216: Mr. Flora, Public Works Director, stated that bids were received the for Well No. 12 booster station improvement project. He stated that the low bidder was A& K Construction, Inc. for a base bid, pressure aativated valve, Alternate No. 1, water monitoring meter and Alternate No. 2, valve type, for a total of $12,826.00. He stated that it is recommended the contract be awarded to the low bidder, A& K Construction, Inc. MOTION by Councilwoman Jorgenson to receive the following bids for Well No. 12 Booster Station Project No. 216: Contractor Richmar Const.,Inc. A & K Construction Mark Traut We11s,Inc P & L Mech.,Inc. Penn Cont.,Inc. Base Bid $ 9,060 $ 9,477 $ 9�860 $11,912 $16,741 Alt. No. 1 $4,860 $3,649 $4,350 $5,654 $6�800 Alt. No. 2 ($400) ($300) $ 0 ($930) ($454) ' ti�C, FRIDLEY CITY COUNCIL MEETIN(} OF JANUARY 28, 1991 PAGE 12 � Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to award the contract for Project No. 216 to the low bidder, A& K Construction, Inc. in the amount of $12,826.00 (base bid and Alternates 1 and 2). Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 9. CHANGE ORDER NO. 2 FOR NEW FIRE APPARATUS: Mr. Aldrich, Fire Chief, stated that in the pre-paint inspection, he felt it was necessary to add two minor changes to the truck. He stated that these changes amount to $419 and requested the Council to approve the change order. MOTION by Councilman Fitzpatrick to authorize Change order No. 2 with Boardman Fire Equipment for the new fire apparatus in the amount of $419.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 10. APPROVAL OF AGREEMENT WITH THE MINNESOTA DEPARTMENT OF � TRANSPORTATION FOR THE INSTALLATION OF THE EMERGENCY VEHICLE PRE-EMPTION (OPTICOMI SYSTEM: Mr. Aldrich, Fire Chief, stated that this is a standard agreement for the addition to the Opticom system and what was completed this year was University Avenue. He stated that each time there is an addition to the system, a new aqreement is needed. MOTION by Councilman Fitzpatrick to approve this agreement with the Minnesota Department of Transportation for installation of the Opticom system at the intersections of 61st and 69th and Osborne Road and University Avenue. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. Councilwoman Jorgenson stated that she wished Mr. Aldrich good luck in his retirement, felt he had done an excellent job in the City's Fire Department, and was instrumental in obtaining joint powers agreements with neighboring Communities and construction o£ additional fire stations within the City. Mr. Aldrich statefl that he did not know where a person could find people that are easier to work with than the Fridley City employees. He stated that the interactions with the departments have been remarkable and felt this was a credit to the people who 1 hire and train the employees. U�� FRIDLEY CITY COONCIL MEETING OF JANUARY 28. 1991 PAGE 13 ' Mayor Pro Tem Schneider stated that all the work Mr. Aldrich has done in regard to the joint powers agreements is an excellent example for Fridley. He stated that the City would miss Mr. Aldrich. Councilman Fitzpatrick felt that Councilwoman Jorgenson spoke for all the Council and wished Mr. Aldrich good luck on his retirement. Councilman Billings stated that he also wished Mr. Aldrich the best of luck. 11. RESOLUTION NO. 12-1991 REOUESTING THE STATE OF MINNESOTA MAINTAIN S.C.O.R.E. FUNDING AS ORIGINALLY PRESCRIBED BY THE LEGISLATURE: Ms. Dacy, Community Development Director, stated that this resolution is to make the Legislature aware of the consistency of funding in order for the City to meet its solid waste mandates. Councilwoman Jorgenson stated that she would encourage the Legislature to help the City fund their mandated programs. MOTION by Councilwoman JoTgenson to adopt Resolution No. 12-1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting � aye, Mayor Pro Tem Schneider declared the motion carried unanimously. Mayor Pro Tem Schneider stated that the Legislature has mandated certain requirements regarding solid waste management and S.C.O.R.E. funding was to help pay the cost. He stated that Senator Frank has stated the funding was in danger. Councilwoman Jorgenson stated that a six percent sales tax was placed on waste hauling services to pay for a portion of the program. 12. RESOLUTION NO. 13-1991 ORDERING IMPROVEMENT. APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: CORRIDOR MAINTENANCE PROJECT NO. 217: MOTION by Councilman Fitzpatrick to adopt Resolution No. 13-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider deolared the motion carried unanimously. 13. RESOLi7TION NO. 14-1991 ORDERING IMPROVEMENT. APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: LAKE POINTE DEVELOPMENT MAINTENANCE PROJECT NO. 218: � MOTION by Councilman Billings to adopt Resolution No. 14-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting i� 1-;� FRIDLEY CITY COiJNCIL M88TING OF JANIIARY 28, 1991 PAGE 14 � aye, Mayor Pro Tem Schneider declared the motion aarried unanimously. 14. RESOLUTION NO. 15-1991 ESTABLISHING MUNICIPAL STATE AID STREETS• Mr. Flora, Public Works Director, stated that the City, under current rules, is 1.15 miles under the limits for MSA designated streets. He stated that this resolution designates portions of 79th Way, Riverview Terrace and Kimball Street as an MSA route subject to approval by the Commissioner of Transportation. He stated that this designation will allow the City to collect State funds for maintenance and improvements to the streets. Councilman Fitzpatrick asked if there was any assessment involved to property owners in the area. Mr. Flora statad that there is no assessment for designation as an MSA street; however, the City has looked at upgrading Riverview Terrace and some adjoining streets and that this designation would help in the cost sharing for the improvement if such a project were to proceed. MOTION by Councilman FitZpatrick to adopt Resolution No. 15-1991. ' Seconded by Councilwoman Jorgenson. Councilman Billings stated that he has some ooncerns. He stated that the Highway Department is not too keen on designating streets in this manner, as they like to preserve the designation for those streets that are moving people from municipality to municipality. He asked why these particular streets were chosen. Mr. Flora stated that there are three basic criteria for MSA designation. He stated one is that the street connects to a system, and this system Connects East River Road to two other MSA routes. He stated it is also required that this be a collector street. He stated that in the Comprehensive Plan update, this is to be designated as a collector street. He stated that the street must also be built to MSA standards. He stated that the City owns all property to the west of Riverview Terrace and property to the south of 79th Way and is proposing, once the designation is received, to obtain necessary easements in order to meet to MSA standards. Mr. Flora stated that Riverview Terrace provides access to the Mississippi River and is part of the Great River Road bikeway/walkway system. He stated that it was felt these streets were the most logical ones to meet the State criteria for MSA designation. Councilman Billings stated that he wondered why these streets were � chosen as opposed to others in the City. U�:� FRIDLEY CITY COUNCIL MEETINCi OF JANQARY 28. 1991 PAGE 15 � Mr. Flora stated there are not that many streets in the City that would satisfy the connection and collector requirement. Mayor Pro Tem Schneider stated that designating these as MSA streets does not imply the City has to proceed with an improvement. Councilman Billings stated that to designate these streets is exactly what the Legislature is accusing cities of doing. He stated that by designating the streets as MSA streets, the City receives the funding, but it does not serve the purpose for which designation was intended. Mr. Flora stated that MSA funds come from gas taxes, and the Leqislature has currently mandated that no more than 20 percent of the City's streets can be designated as MSA streets. He stated that most of this mileage is dedicated, and the City receives maintenance funds from the gas tax to upgrade and design this system. He stated that when looking at a number of our MSA streets, one portion of Ashton Avenue is not built to MSA standards, and neither is Rice Creek Terrace or 57th Avenue. He stated that there are a number of MSA streets that satisfy the criteria and provide a long-range plan for development. He stated that the MSA streets provide a collector for neighborhoods to reach a major route. He stated that there is not a lot of streets in the City where a mile can be found for the proposed designation. � UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Fitzpatrick, Councilwoman Jorgenson, and Mayor Pro Tem Schneider voted in favor of the motion. Councilman Billings voted against the motion. Mayor Pro Tem Schneider declared the motion carried by a 3 to 1 vote. 15. RESOLUTION NO. 16-1991 SUPPORTING THE IMPROVEMENTS OF S.P. 0207-54 fT.H. 65 FROM 45TH AVENUE N.E. TO I-6941 IN COLUMBIA HEIGHTS AND FRIDLEY STREET IMPROVEMENT PROJECT NO. ST. 1990-5• Mr. Flora, Public Works Director, stated that the Minnesota Department of Transportation is proposing to upgrade Highway 65 from 52nd Avenue to I-694. He stated that this requires the City's support of the improvement, and the intersection at 53rd Avenue would be improved with traffic signalization, crosswalks, street markings, signage, and some curbing. He stated that the City's share of the cost ior this improvement would be approximately $40,000. He stated that because of the current budget crisis, it is possible this project may not proceed this year. MOTION by Councilman Billings to adopt Resolution No. 16-1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried � unanimously. ' �l $ v FRIDLEY CITY COUNCIL MEETINfi OF JANUARY 28. 1991 PAGE 16 16. CITY EMPLOYEE APPOINTMENT: MOTION by Councilman Fitzpatrick to concur with the following appointment by the City Manager: Name Position Charles Fire Chief McKusick Exempt Starting a ar $54,973.80 per year $4,581.15 per month Starting Date Renlaces Feb. 1, Robert 1991 Aldrich Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. Mayor Pro Tem Schneider stated that he wished to welcome Mr. McKusick aboard as Fire Chief for the City. 17. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that he submitted a copy of the City's 1990 accomplishments to Doug Erickson of the Focus. He felt � that there were some very notable accomplishments that can reflect a lot of pride in the City government. He stated it is planned that some visual aids will be developed to post in the Municipal Center. 18. CLAIMS• MOTION by Councilman Billings to authorize payment of Claims No. 35754 through 36097, with the addition of the claim to TBC Fabrication, Inc., Wichita, Kansas, Invoice No. 03654 dated December 31, 1990 in the amount of $132,279.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 19. LICENSES• MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 20. ESTIMATES: MOTION by Councilwoman Jorgenson to approve the estimates as submitted: � � � � � �j4�� FRIDLEY CITY COIINCIL MEETZN(3 OF JANIIARY 28, 1991 PAC+E 17 HNTB 6700 France Avenue South Minneapolis, MN 55435 Inspection of the 1.5 MG Elevated Water ReservoiX Project No. 202 Partial Estimate . . . . . . . . . . . . . . $1,857.27 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Fitzpatrick to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion aarried unanimously and the Regular Meeting of the Fridley City Council of January 28, 1991 adjourned at 9:25 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: Dennis L. Schneider Mayor Pro Tem